Fast Track issued proceedings

mrclumsy

Originally posted as a reply to someone else's similar issue;
I'm in a similar position. FT were instructed by me in 7 claims. 2 settled and 5 said I had no PPI and so FT didn't pursue it (despite my proving I had PPI with one firm, Amex)


A year later M and S sent me a Cheque for £5K plus, saying thay'd miscalculated. They also told FT, no longer instructed, and they demanded a cut. Recently Barclaycard also got in touch, said they'd made a mistake, I did have PPI after all, and sent me £21K! FT wanted a cut of that too.


I instructed solicitors and M and S provided a letter saying the extra cash didn't come after any further work by FT.


FT never provided any evidence of actually issuing proceedings nor have the provided proof of any negotiations for me. It seems that they always accept the lenders figures and don't argue, nor do they argue if the lender refuses my claim. I believe they have not acted in my best interests throughout but rather in their own


FT are now suing me, through Quickly Finance, for over £8K. I've taken counsel's advice, which is that FT will succeed. Has anyone else been sued or instructed a solicitor successfully and defended such a claim?

[Deleted User]

Answered on the original thread;
https://forums.moneysavingexpert.com/discussion/comment/66618383#Comment_66618383

mrclumsy

Not quite answered on the other thread, it'd be really good to hear from anyone who has actually been sued, rather than threatened with proceedings. This will give me a useful pointer and I may wish, if they defended successfully, to instruct the same representation

[Deleted User]

I think you'll have to pay both the claims company and your solicitor…

amersall

You signed a contract with FT to claim all, if any, PPI, it is not their fault the bank cocked up, you owe the money.
I have not heard of anyone who was taken to court and won as the contract is binding, don't think any Judge will come down in your favour, it may cost more to go to court with fees and costs than the money FT want, I would pay up if I were you.

I've taken counsel's advice, which is that FT will succeed.

Why do you not believe Council? they are better placed to advise on this.

antrobus

mrclumsy wrote: »

....FT are now suing me, through Quickly Finance, for over £8K. I've taken counsel's advice, which is that FT will succeed. Has anyone else been sued or instructed a solicitor successfully and defended such a claim?

It is often the case, here on MSE, that people will come and ask for 'legal advice' and it will often receive it, with the (un)spoken qualification that you shouldn't really trust what you are told on teh interweb and to go and get proper professional advice.

In this case; counsel's advice has been given. My advice would be to take note of it, and follow it.

mrclumsy

I'm by no means I disagree with Counsel, I think he's right, its simply that all cases turn on their own facts and any previous cases would be helpful. I'm minded to sort out a repayment schedule with FT BUT I'm also having my solicitors write to those who denied PPI, asking them to investigate further AND I'm having those who paid look at it again to ensure that the correct figures were paid. If I find that FT have not acted in my best interests, then I have a claim

[Deleted User]

Employing a solicitor is just going to cost you more money. In your situation, I'd just arrange a payment plan with the claim company rather than waste your time and money with a solicitor.